20 February 2001

Israeli Forces Assassinate Another Palestinian, andTwo Foreign Workers Sustain Injuries in an Indiscriminate Attack on an Amusement Park

Israeli Occupation Forces assassinated their sixteenth Palestinian leader yesterday.  Mohammad al-Madani, 25, from Balata Refugee camp near the West Bank City of Nablus was assassinated as he was on his way from the camp’s Mosque to his store nearby.  Al-Medani was active in Hamas in the Nablus area.  Israeli sources reported that he was suspected of having participated in planning the bombing in Netanya last November and that he was killed in response to this attack, but released no evidence to back up their claims. 

Eyewitness testimonies and other information gathered by al-Haq fieldworkers give the following account.  Shortly after noon prayers al-Madani and his brother left the camp’s mosque and headed down Jerusalem Street towards a store al-Madani owned close by in an “A” area under the control of the PNA.  As they were walking down the street Israeli forces located in the Tel Arras outpost 200 meters from al-Madani’s location and Israeli soldiers positioned nearby along the road opened fire.  Al-Madani was struck in the chest, but remained conscious and attempted to crawl to cover.  The Israeli forces continued to shoot at him and he was struck in the upper body a total of four times before the shooting ceased allowing bystanders to assist him.  He was rushed to Rafidia hospital in Nablus where four operations were performed upon him, but the doctors were unable to save him and he died several hours later. 

Al-Haq condemns Israel’s continued implementation of its policy of assassination and its blatant disregard for international law.  Article 1 of the Resolution on the Principles of Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions from 1989 states that,

“Governments shall prohibit all extra-legal, arbitrary and summary executions and shall ensure that any such executions are recognized as offences under their criminal laws, and are punishable by appropriate penalties, which take into account the seriousness of such offences.  Exceptional circumstances including a state of war or threat of war, internal political instability or any other public emergency may not be invoked as a justification of such executions.” 

Additionally, Article 23 of the Hague Convention of 1907 and Articles 32, 33, and 147 of the Fourth Geneva Convention of 1949 also prohibit such acts.  Article 147 of the Fourth Geneva Convention qualifies assassination as a grave violation of the convention that must be prosecuted by States Parties to the convention.  In this light the international community must take action to stop Israeli aggression against unarmed Palestinian civilians and must pressure the Israeli government to end its policy of assassination. 

Al-Haq is highly critical of the statement released by the US State Department following the assassination of Colonel Masoud Ayad, as reported in Haaretz on 16 February 2001, which stated that Israel did not violate any understanding or agreement with the US when it used combat helicopters in the Ayad assassination.  As Israel’s actions are a clear and blatant violation of international law, discussion of understandings and agreements between the US and Israel are of no significance and deflect attention from the real issue at hand.  The US Government must take a principled stand by strongly condemning the continued use of this unjustifiable policy by the Israeli authorities.

In other events yesterday Israeli forces launched an indiscriminate attack on an amusement park near Tulkarem.  Two foreign workers employed as technicians at the park we injured.  Martin Van Win of South Africa suffered from a broken leg, and Isbrard Van Sande from the Netherlands was injured in the chest. 

Israel’s complete disregard for life as displayed in its continued use of excessive force against the civilian Palestinian population and foreigners and its policy of assassination was clearly manifest in the decision of High Court released Sunday to grant early parole to Yoram Skolnick.  Skolnick was convicted of premeditated murder after he shot and killed Mousa Abu Sabha while Sabha was under attest and lying chained on the ground.  (More information on this case documented by al-Haq over the last seven years is available)  This decision comes close upon the heels of another decision in which a settler was sentenced to only six months community service for brutally beating a Palestinian child to death.  Al-Haq denounces these decisions and believes that they only serve to exacerbate tensions.  Israel’s continued policy of assassination, its use of excessive and indiscriminate force, and the lack of value placed upon the lives of Palestinians by the Israeli courts all contribute to an environment in which the killing of Palestinian civilians is legitimized. 

Al-Haq calls upon the Israeli Authorities to act in accordance with international law, to end its excessive use of force and its policy of assassination, to prosecute all those who violate or order violations of international law, and to ensure equality before the law.  Al-Haq also reiterates its calls for:

1.  States Party to the Fourth Geneva Convention to act immediately to provide the Palestinian people with protection from Israeli human rights violations and demand an end to abuses committed by Israeli forces.  The assassinations of Palestinian activists constitute grave breaches of the convention obligating States Parties to act under Article 1, which calls for them “to respect and ensure respect for the present Convention in all circumstances.” 

2.  The Security Council and the UN General Assembly to end their indefensible silence regarding Israeli’s blatant violations against Palestinian’s human rights.

3.   The international community to take the necessary measures to pressure the Israeli Government to stop its excessive use of force and aggression against Palestinian civilians.

4.  The Security Council to reconsider its decision regarding the deployment of an international protections force for the Palestinian people and to immediately take steps to form such a force to ensure Israeli compliance with United Nations Resolutions and international law.